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Analysing the retrieved Case Laws
Scanned Judgements…!
In property disputes and contract enforcement cases, plaintiffs often seek specific performance of an agreement while hedging their bets with an alternative prayer for refund of earnest money or advance payments. A common defense tactic is to argue that including such alternative reliefs makes the entire plaint defective, warranting rejection under Order VII Rule 11 of the Civil Procedure Code (CPC). But is this a valid ground for outright dismissal?
The question arises: Can a plaint be rejected when an alternative prayer is sought for refund along with specific performance? Generally, no. Courts have consistently held that a plaint cannot be rejected in toto merely because it includes alternative reliefs, provided at least one claim is viable and properly pleaded. This principle stems from judicial interpretations of the Specific Relief Act, 1963, and CPC provisions, ensuring justice isn't defeated by procedural technicalities.
This blog explores the legal landscape, key judgments, statutory backing, and practical guidance, drawing from authoritative sources. Note: This is general information based on precedents; consult a qualified lawyer for advice tailored to your case.
Under Order VII Rule 11 CPC, a plaint may be rejected on specific grounds like absence of cause of action, undervaluation, or legal bars. However, the presence of an alternative prayer for refund alongside specific performance does not qualify as such a ground. Courts are empowered to adjudicate multiple reliefs in one suit, and partial rejection is not permitted if any claim survives scrutiny.
As emphasized in a key ruling: Courts cannot reject a plaint in its entirety when at least one prayer survives. The Appellants provided sufficient basis for their claims that merits discussion and evidence consideration.Aniket Mahendra Mandhare vs Sukhdev Dattatray Waje - 2025 0 Supreme(Bom) 1039 (Para 24). This underscores that viability of the main or alternative claim trumps superficial objections.
The Specific Relief Act explicitly supports combining reliefs. Section 22(1)(b) allows a plaintiff seeking specific performance of immovable property transfer to also claim any other relief to which he may be entitled, including the refund of any earnest money or deposit paid or made by him, in case his claim for specific performance is refused.Desh Raj VS Rohtash Singh - 2022 0 Supreme(SC) 1244. This statutory provision confirms alternative prayers are not just permissible but contemplated by law. Shabbir Kankaru Inamdar VS Mirza Salimbeg Jabbarbeg - 2022 Supreme(Bom) 1666.
Judicial precedents reinforce this:- Multiple prayers, including specific performance and refund, can be maintained in a single suit. Aniket Mahendra Mandhare vs Sukhdev Dattatray Waje - 2025 0 Supreme(Bom) 1039Puran Ram VS Bhaguram - 2008 2 Supreme 166.- Alternative reliefs are common in specific performance suits, sought in case the court declines the main relief. Krishnan K. M. v. M. Chandrasekaran and Others - 2019 Supreme(Online)(Mad) 14817.- Even ancillary prayers like refund are merely incidental to the principal relief, disclosing a justiciable cause of action when read holistically. ISAKBHAI SULEMANBHAI KACHAVA V/s SAIYADVALIBHAI PATEL - 2025 Supreme(Online)(Guj) 12952.
What if the alternative prayer wasn't in the original plaint? Courts liberally allow amendments under Order VI Rule 17 CPC, especially overridden by Specific Relief Act's non-obstante clause in Section 22. Amendments for refund claims can be introduced at any stage—even appeals—without constituting a new cause of action, as they relate to the same facts. Radha Raman Sharma VS Raj Kumar - 2024 Supreme(P&H) 1244 (Paras 12, 18, 22).
For instance:- Despite limitation bars on refund claims, amendments were allowed as alternative reliefs. Radha Raman Sharma VS Raj Kumar - 2024 Supreme(P&H) 1244 (Paras 19, 20).- Courts favor amendments to avoid multiplicity of suits and serve justice, even at advanced stages, if no prejudice to the defendant. Puran Ram VS Bhaguram - 2008 2 Supreme 166.- Section 22 overrides CPC limitations, enabling plaint amendments for 'any other relief,' including injunctions or refunds, to protect buyer rights under Transfer of Property Act Section 55. Shabbir Kankaru Inamdar VS Mirza Salimbeg Jabbarbeg - 2022 Supreme(Bom) 1666.
However, amendments aren't automatic. They must be just and necessary, and general prayers for other reliefs won't suffice for refunds—specific pleading is key. KESAVARAMAN vs NARAYANAN (DIED) - 2026 Supreme(Online)(Mad) 6.
Rejection demands substantive flaws:- Failure to disclose cause of action or limitation bar on all claims. Vijendra Kumar Goel VS Kusum Bhuwania - 1996 0 Supreme(SC) 639.- No explicit alternative prayer? Courts may deny unpleaded refunds but won't reject the entire plaint if specific performance survives. Mahalingam VS Gurusamy - 2019 Supreme(Mad) 3098.
Conversely:- A standalone suit for refund without specific performance prayer may not be maintainable procedurally. Puranmal Alias Purnashanker vs Lrs of Smt. Pushpa Devi - 2025 Supreme(Raj) 58.- But in specific performance suits, alternative refund prayers strengthen, not weaken, the plaint. Md. Abdul Kader Khan vs Most. Samiza Hossain Koli and others - 2024 Supreme(BD)(SC) 8328.
If specific performance fails (e.g., due to limitation or bona fide purchaser), the alternative refund claim can proceed if pleaded and evidenced. Vijendra Kumar Goel VS Kusum Bhuwania - 1996 0 Supreme(SC) 639. Partial adjudication or remand is preferred over total rejection. Aniket Mahendra Mandhare vs Sukhdev Dattatray Waje - 2025 0 Supreme(Bom) 1039.
While liberal, courts impose limits:- Specific pleading required: No refund without explicit prayer; implied reliefs rarely granted. KESAVARAMAN vs NARAYANAN (DIED) - 2026 Supreme(Online)(Mad) 6Mahalingam VS Gurusamy - 2019 Supreme(Mad) 3098.- No new cause of action: Amendments must tie to original facts; time-barred independent claims may fail. Radha Raman Sharma VS Raj Kumar - 2024 Supreme(P&H) 1244.- Equity in consumer/real estate: Even if execution stalls (e.g., layout approvals pending), opposite parties can't retain funds unjustly—amendments allowed for refunds. K. Rama Rao VS Narne Estates (P) Limited.- Procedural compliance: Suits must aver readiness/willingness for specific performance. Lack thereof risks dismissal, but alternatives may salvage. Mahalingam VS Gurusamy - 2019 Supreme(Mad) 3098.
To safeguard your suit:1. Draft comprehensively: Plead specific performance as primary, with clear alternative for refund of earnest money/advances. Reference Section 22 SRA.2. Seek amendments early: If needed, apply promptly, justifying no new cause/prejudice.3. Evidence readiness: Always affirm willingness to perform contract.4. Holistic reading: Argue plaint discloses cause when read entirely. ISAKBHAI SULEMANBHAI KACHAVA V/s SAIYADVALIBHAI PATEL - 2025 Supreme(Online)(Guj) 12952.5. Appeal rejections: Courts err in wholesale dismissals—challenge under inherent powers.
Trial courts must scrutinize claims' maintainability before rejecting, favoring adjudication on merits. Vijendra Kumar Goel VS Kusum Bhuwania - 1996 0 Supreme(SC) 639.
In conclusion, including an alternative prayer for refund alongside specific performance typically fortifies a plaint, preventing rejection under Order VII Rule 11 CPC. Backed by statutes and precedents, this allows courts to grant apt relief—be it enforcement or restitution. For nuanced application, professional legal counsel is essential, as outcomes hinge on facts and pleadings.
References:1. Aniket Mahendra Mandhare vs Sukhdev Dattatray Waje - 2025 0 Supreme(Bom) 1039: No entire rejection if one prayer survives.2. Puran Ram VS Bhaguram - 2008 2 Supreme 166: Amendments for refunds permissible.3. Desh Raj VS Rohtash Singh - 2022 0 Supreme(SC) 1244: Section 22 allows alternative reliefs.4. Vijendra Kumar Goel VS Kusum Bhuwania - 1996 0 Supreme(SC) 639: Substantive grounds only for rejection.5. Radha Raman Sharma VS Raj Kumar - 2024 Supreme(P&H) 1244: Amendments at any stage per S.22.6. Others integrated as cited.
Word count: ~1050. This post draws from judicial wisdom for educational purposes.
#SpecificPerformance, #PlaintRejection, #ContractLawIndia
As already indicated above, apart from specific performance, there are various other prayers made including prayer of possession and damages and prayer for refund with interest in the alternative. ... In the present case, there is a prayer for refund of money and compensation alongwith damages, which is based on registered suit agreement, apart from the claim for specific performance. ... He submi....
However, we do not find any merit in the contention raised on behalf of the appellant herein that the amendment application is liable to be rejected by applying the bar under Order II Rule 2 of the CPC. Order II Rule 2 of the CPC cannot apply to an amendment which is sought on an existing suit. ... possession of the property, in addition to specific performance and he may also claim any other relief including the refund of earnest money or deposit paid, in case the claim for ....
In the absence of alternative prayer for refund of earnest money, the prayer for refund of earnest money cannot be granted in view of Section 22 of the Specific Relief Act. ... This interpretation entails that that an amendment of the plaint to incorporate a prayer for the alternative relief of refund of earnest money may be sought even during the first appeal from the original d....
However, it is to be noticed that the prayer in the plaint is to grant a decree for a specific performance, and in the alternative, the prayer is to pass a decree for a refund of the earnest amount and the compensation. 54. ... The alternative prayer in the plaint qualified by the expression, “Alternatively if this Hon’ble Court comes to the conclusion that for any reason the specific p....
was being sought to be introduced in the plaint, only as an alternative relief, to the relief for specific performance for which the suit had been filed. ... Plaintiff never made any such prayer for refund of earnest money. So this court cannot grant him any relief in that regard in view of bar created by clause (2) to Section 22 Specific Relief Act, 1963.28. ... He submits that provision of Order 6 Rule 17 CPC, does not govern the ....
Having held that the defendants are liable to pay the amount received in the agreement and not granted an alternative relief, on the only ground that no prayer for return of advance is sought for in the plaint. ... Though we are also not oblivious of the fact that in a suit for specific performance for return of the advance amount, specific prayer has to be made, however, no such specific prayer is made by the pla....
Keeping this in mind, if we take the case of Specific performance suit, the plaintiff will normally seek for specific performance and in some cases there will be an alternative prayer also for refund of advance money. ... Such alternative prayer is sought for usually by contending that the same may be granted in case the court declines the main relief of specific performance. .......
It is further urged that the plaint, when read as a whole in a meaningful and purposive manner, discloses a clear, complete, and justiciable cause of action for specific performance, the alternative prayer for refund being merely ancillary and incidental to the principal relief. ... It is further urged that the plaintiff has, in the alternative, sought refund of the money purportedly paid, as delineated in paragraph 2 of the #HL_ST....
for Specific Performance of Contract in respect of the suit house and prayer (Ga) for refunding of earnest money if the decree of Specific Performance of Contract is refused by the court. ... Such prayer is ordinarily made, as in the relevant of refusal of Specific Performance of Contract, the plaintiff can get back of the earnest money. Even without such prayer if the suit for Specific Performance#HL_END....
The Apex Court has made it clear that refund of earnest or advance money cannot be granted unless it is specifically prayed for, and that a general prayer for “other reliefs” cannot be construed as a prayer for refund. ... a decree for specific performance of a sale agreement and must, therefore, be explicitly sought. ... The trial Court, upon consideration of the issues and evidence, declined the relief of specific#HL_END....
2. In S.B. Civil First Appeal No.306/2024, on 13.01.2025, the Court observed and passed the following order: REKHA BORANA, J. 1. Learned counsel for the appellant submits that on the same date i.e. 22.02.2024, four suits arising out of the identical facts were decided by the learned Trial Court. He submits that in S.B. Civil First Appeal No.306/2024 filed against the other identical suit being Civil Original Suit No.05/2017, an interim order has been passed by this Court on 13.01.2025. A suit for refund of consideration is not maintainable without a specific performance prayer, a....
Section 22(1)(b) specifically states that in addition to prayer seeking specific performance, any other relief to which the Plaintiff may be entitled can be sought including the refund of any earnest money or deposit paid in case claim for specific performance is refused.
In view of Section 22 of the Specific Relief Act in the absence of the prayer, I do not think I can grant alternative prayer also. I do not find any alternative prayer for refund of advance in the plaint. In view of the answer to the additional question of law framed to the effect that the 3rd defendant is a bonafide purchaser for value without notice, this appeal has to be necessarily allowed, setting aside the judgment and decree of the Courts below.
Coming to the alternative submission made, though no prayer is sought for, the same is also deserves to be rejected. The petitioner now takes a different plea contrary to the records produced before the 1st respondent. As discussed above, the petitioner has shown the sum of Rs.98.01 Crores as short term borrowings under the caption ''current liabilities''.
The petitioners had not raised any plea as to amendment of the relief sought for, for refund of the amount during pendency of the complaint before and after the matter was remitted back by this Commission to the District Forum. The petitioners, by the efflux of time, have lost the right to claim for refund of the amount and as such the proposed amendment seeking for amendment of the prayer portion in the complaint for refund of the amount paid by the petitioners cannot be allowed.” It is also an undeniable fact that even in a suit for specific performance of contract, alternative r....
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